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UNITED STATES v. WILKINSON

No. 71-2007.

460 F.2d 725 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Davis WILKINSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 26, 1972.

Attorney(s) appearing for the Case

Robert L. Templeton, Kolander, Templeton & Hamilton, Amarillo, Tex., for defendant-appellant.

Eldon B. Mahon, U. S. Atty., W. E. Smith, John Truelson, Asst. U. S. Attys., Fort Worth, Tex., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Appellant Wilkinson was charged in eight counts with violations of the mail fraud statute, 18 U.S.C.A. § 1341.1 It was alleged that he fraudulently obtained monies from Phillips Petroleum Company for work assertedly done at his sheet metal shop in Borger, Texas by sending false invoices for labor and material to Phillips, for which Phillips in return remitted payment by check through the mails. The most critical...

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